T FAKHRULLA KHAN Vs. EMPEROR

JUDGEMENT

(1.) IT is agreed before us by both sides that under the terms of Section 188, Criminal P.C., as it stands since the amendment of 1923 a Court in British India cannot try an offence by virtue of the terms of Section 179, Criminal P.C., merely because part of the consequences have ensued within its jurisdiction if some part of the offence has been committed in a Native State. The section renders the certificate of the Political Agent, (in the present case, the Resident in Mysore) necessary even in such cases. We think that for this reason not only the charges of forgery ( Secs.467 and 468, I.P.C.,) but also those of cheating ( Secs.419 and 420, I.P.C. are not triable in the Chittoor District without such a certificate because some part of the cheating as well as the whole of the forgery was committed within the Mysore State. We must therefore quash the commitment in S.C. No. 36 of 1934 on the file of the Court of Session of the Chittoor Division on each and eyery charge preferred against the three accused.